S.Ajija Begum vs S.Aisha Bevi (Died) on 3 March, 2017
11.In the case of Smt.Surjit Kaur v. Gurcharan Singh reported in
AIR 1973 Punjab and Haryana 18 wherein Section of 23 of the Indian
Evidence Act has been reiterated that if an admission is made upon an express
condition that evidence regarding it would not be given or under
circumstances from which the Court could infer that the parties had agreed
that the evidence regarding it would not be given, then such an admission
would not be relevant. In the case before the Punjab and Haryana High Court,
the letter containing admission of cruelty and seeking apology which was
during the period of negotiations of compromise in a petition filed under
Section 9 of Hindu Marriage Act was held to be a privileged document and that
the same cannot be taken as an admission of cruelty. In the absence of any
other evidence to prove the source for the documents Ex.B2 and B3, the
document Ex.A12 cannot be relied upon to hold that the third item of suit
properties was acquired only by the savings of the plaintiff's father namely
the husband of first defendant.